Congressional Ethics

Common Cause, a Washington-based watchdog group, filed complaints against all four lawmakers — Burr, Loeffler, Inhofe and Feinstein — with the Department of Justice, the Securities and Exchange Commission and the Senate Ethics Committee, citing the STOCK Act. “These potential violations of insider trading laws and the STOCK Act by these Senators ... show what appears to be contempt for the law and further a contempt for the American people these Senators have sworn to serve," Karen Hobert Flynn, president of Common Cause, said in a statement.

On March 20, 2020, Common Cause filed complaints with the Senate Select Committee on Ethics, Securities and Exchange Commission and Department of Justice calling for investigations of Senators Richard Burr, Kelly Loeffler, James Inhofe and Dianne Feinstein to determine whether the Senators violated the Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act), the Securities Exchange Act, the U.S. Criminal Code and other federal laws and regulations regarding stock trading applicable to Members of Congress. Specifically, Common Cause requested an investigation of whether these Senators engaged in illegal insider trading by trading stocks based on material, nonpublic information regarding the COVID-19 coronavirus pandemic received in private, confidential briefings for Senators by officials from the Centers for Disease Control and Prevention, the National Institute of Allergy and Infectious Diseases and other government officials.

However, this offensive language and loss of civility in politics goes far beyond Trump. The increased lack of civility in politics and public discourse seems to be more of a symptom of a broken system than a cause. Endless money in politics, hyperpartisan gerrymandering and social media without accountability are largely responsible for the decreasing civility we see today.

“While this is the conclusion of one particular process, this is also a moment where President Trump was, for one of the few times in his life, held accountable for his actions,” said Jesse Littlewood, vice president of campaigns at Common Cause and an organizer of the evening demonstration. Littlewood said having hundreds of people standing outside Congress moments after the impeachment vote will send a symbolic message to legislators about the disappointment many Americans feel.“This is our opportunity to say we’re not going to let Trump run roughshod over our democratic process, that even if the GOP gives [him] a pass, we’re not going to,” he said.

Ironically, it was Congress that passed laws that restrict other federal government officials from owning stocks or assets that would benefit from the officials’ decisions — or require them to recuse themselves from such decisions. Yet Congress has not passed legislation that bans itself from the same practice. “Congress should have the same rules put on them that the executive branch has,” said Rotman of Common Cause. “The executive branch conflict of interest rules are stronger.”

With Chief Justice John Roberts sworn in and every senator a duly sworn juror now considering the Articles of impeachment against Donald John Trump, 45th president of the United States, every American, regardless of political belief, must demand fairness, transparency and facts. The chief justice and the Senate must ensure fairness and provide transparency. Trump and his team must tell us the facts or face perjury charges as well.